Should You Have a Durable Power of Attorney? 3 Questions

Question 1. What is a durable power of attorney? A durable power of attorney is a document that allows capable adults the ability to choose a representative who will have the legal authority to make decisions on their behalf. Through your durable power of attorney you appoint an agent, also known as an attorney-in-fact, who receives this decision-making authority. The agent can make legally binding agreements as if you were making them yourself. The durable power of attorney can be as limited or as broad as you like. In most situations people create a durable financial power of attorney. This document allows an agent to manage your financial affairs. In other situations you might choose to create a general durable power of attorney. The general power is the broadest possible power you can convey, essentially allowing your agent to do anything you are legally entitled to do. Question 2. Why is it called a “durable” power? Durability is, in this sense, a legal term that has a specif


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